Appeal 3318543

The appeal is dismissed.

The main issues in this case are the effect of the proposed development on the living conditions of neighbouring occupiers, with regards to outlook, privacy, sunlight and daylight; and whether it would provide for acceptable living conditions for future occupiers, with regards to outlook, privacy, sunlight and daylight.

The appeal property is located within the [address] Conservation Area. The Council is satisfied that the proposed development would conserve the character and appearance of the [address] Conservation Area.

The appeal property is a two storey terraced dwelling located within a long terrace of dwellings in a residential area.

The appeal property is located within the [address] Conservation Area, characterised by the presence of long terraces of redbrick Victorian dwellings, notable for occasionally decorative brickwork and lintel decorations and for the strong sense of uniformity derived from their regular and rhythmic form of development.

Like other dwellings in the same terrace, the front elevation of the appeal property is situated adjacent to the pavement and there is a yard and garden area to the rear, accessed via an archway and passage at ground level.

The rear of the dwelling has a single storey extension which projects from the dwelling’s original outrigger. The design of the outrigger and extension are such that they allow for a rear facing ground floor window from a living area and provide a notable gap between the side of the dwelling and the wall denoting the rear boundary with Number 32. This provides for a sense of space.

[name] 30 has a glazed extension to the rear, between its outrigger and main rear elevation, this is only small and does not impact significantly on the spacious qualities of the area immediately to the rear of Nos 31 and 32.

The proposed development would serve to narrow the existing gap in this location, by extending the appeal property much closer towards its rear boundary with No 32. I find that this would severely erode the space between the two dwellings and would result in an undue sense of enclosure, such that the proposed development would appear overwhelming and dominate the outlook when seen from the rear of No 32. 10.Similarly, the proposal would result in No [address] to the appeal property when seen across the rear boundary. I find that this would result in an unacceptable impact on future occupiers of No 31 in respect of their outlook being unduly dominated by the immediate presence of No 32. 11.Further to the above, the proposed development would result in the appeal property’s kitchen window facing directly towards that of No [address] proximity. I find it inevitable that this would result in significant detriment to the privacy of the occupiers of both dwellings. 12.Also, the proposal would result in the loss of a large rear-facing window to a main living area within the appeal property. Whilst any loss of daylight or sunlight arising would be mitigated to some degree by the provision of glazing to the proposed development, there would still be significant harm in respect of the loss of outlook, due to the loss of views to the rear yard and garden from the living area. 13.Whilst the Council, in its [name] and reason for refusal, referred to a loss of sunlight and daylight, there is no substantive evidence before me to demonstrate that this would occur to any harmful degree. Notwithstanding this, I have found that other harms would arise in respect of residential amenity and hence my decision below. 14.Taking all of the above into account, the proposal would harm the living conditions of neighbouring occupiers, with regards to outlook and privacy; and would fail to provide for acceptable living conditions for future occupiers, with regards to outlook and privacy, contrary to the National Planning Policy Framework; to Core Strategy1 Policy CS2; to Local Plan2 [name]/1 and H/17; and to the Council’s Design Supplementary Planning Document (2020), which together amongst other things, seek to protect residential amenity.